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G.Anitha vs 4 Deputy Director / The Principal

Madras High Court|11 January, 2017

JUDGMENT / ORDER

By consent, the writ petition is taken up for final disposal. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents.
2.The husband of the petitioner was appointed as Workshop Assistant on 07.03.2005 by the third respondent. It was announced in the floor of the Assembly on 09.07.2009 that services of 75 Workshop Assistants will be regularised and however, before implementation of the said order, the husband of the petitioner who was employed as Workshop Assistant died in harness on 04.10.2009. The attempts made by the petitioner to get compassionate ground of appointment has also ended in failure. The petitioner has also obtained a destitute widow certificate from the Thasildar on 14.07.2010 and on account of the rejection of her request seeking appointment on compassionate grounds, she has also submitted a representation dated 19.08.2016 praying for settlement of death cum retirement benefits due and payable to her husband and since no response is forthcoming, came forward to file this writ petition.
3.The learned counsel appearing for the petitioner would submit that the petitioner also obtained information on 28.09.2016 under the Right To Information Act and as per the said information, the services of the persons similarly placed like that of the petitioner's husband were also regularised and in the light of the facts and circumstances, there cannot be any impediment on the part of the respondent to settle the death cum retiral benefits to the petitioner and prayed for appropriate orders.
4.This Court also heard the submissions of the learned Special Government Pleader appearing for the respondents.
5.Though, the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the third respondent to consider the representation dated 19.08.2016, submitted by the petitioner in the light of G.O.Ms.No.14, Labour and Employment (P2) Department, dated 03.02.2010 and forward the proposal to the second respondent, within a period of eight weeks from the date of receipt of a copy of this order and the second respondent on receipt of the same, is directed to consider the said proposal in accordance with law, within a further period of eight weeks thereafter and communicate the decision taken, to the petitioner.
6.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is also closed.
11.01.2017 pri Index: Yes/ No Internet: Yes/ No To 1 The Secretary to the Government Department of Labour and Employment Training, Secretariat, Chennai  600 009.
2 The Principal Accountant General, Directorate of Pensions, D.M.S. Compound Annasalai, Chennai  600 006.
3 The Commissioner, Department of Labour and Employment Training, Guindy, Chennai  600 032.
4 Deputy Director / The Principal, Government Industrial Training Institute, North Chennai  600 021.
M.SATHYANARAYANAN,J.
pri W.P.No.820 of 2017 And W.M.P.No.848 of 2017 11.01.2017 http://www.judis.nic.in
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Title

G.Anitha vs 4 Deputy Director / The Principal

Court

Madras High Court

JudgmentDate
11 January, 2017